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How Sites are Deleted from the NPL
Cleanup Process
EPA may delete a final NPL site if it determines that no further response is required to protect human health or the environment. Under Section 300.425(e) of the National Contingency Plan (55 FR 8845, March 8, 1990), a site may be deleted where no further response is appropriate if EPA determines that one of the following criteria has been met:
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EPA, in conjunction with the State, has determined that responsible or other parties have implemented all appropriate response action required.
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EPA, in consultation with the State, has determined that all appropriate Superfund-financed responses under CERCLA have been implemented and that no further response by responsible parties is appropriate.
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A Remedial Investigation/Feasibility Study has shown that the release poses no significant threat to public health or the environment and, therefore, remedial measures are not appropriate.
Since 1986, EPA has followed these procedures for deleting a site from the NPL:
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The Regional Administrator approves a "close-out report" that establishes that all appropriate response actions have been taken or that no action is required.
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The Regional Office obtains State concurrence.
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EPA publishes a notice of intent to delete in the Federal Register and in a major newspaper near the community involved. A public comment period is provided.
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EPA responds to the comments and, if the site continues to warrant deletion, publishes a deletion notice in the Federal Register.
Sites that have been deleted from the NPL remain eligible for further Superfund-financed remedial action in the unlikely event that conditions in the future warrant such action. Partial deletions can also be conducted at NPL sites.
Guidance for Deleting Sites from the National Priorities List
- Direct Final Process for Deletions
- "Closeout Procedures for National Priorities List Sites" (January 2000) OSWER Directive 9320.2-09A-P, EPA 540-R-98-016
Deleting Resource Conservation and Recovery Act (RCRA) Facilities
- Policy for Non-Federal Facilities (PDF) (60 FR 14641, March 20, 1995) [5 pp, 67KB, About PDF]
- Policy Revised for Federal Facilities (PDF) (62 FR 62523, November 24, 1997) [4 pp, 56KB, About PDF]
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